LCO No. 2594 1 of 10 General Assembly Raised Bill No. 5321 February Session, 2022 LCO No. 2594 Referred to Committee on EDUCATION Introduced by: (ED) AN ACT IMPLEMENTING CERTAIN RECOMMENDATIONS OF THE SCHOOL PARAEDUCATOR ADVISORY COUNCIL. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective July 1, 2022) (a) For the school year 1 commencing July 1, 2023, and each school year thereafter, each 2 paraeducator employed by a local or regional board of education shall 3 participate in a program of professional development. Each local and 4 regional board of education shall make available, annually, at no cost to 5 its paraeducators, a program of professional development that is not 6 fewer than eighteen hours in length, of which a preponderance is in a 7 small group or individual instructional setting. Such program of 8 professional development shall (1) be a comprehensive, sustained and 9 intensive approach to improving paraeducators effectiveness in 10 increasing student knowledge achievement, (2) focus on refining and 11 improving various effective instruction methods that are shared 12 between and among paraeducators, (3) foster collective responsibility 13 for improved student performance, (4) be comprised of professional 14 learning that (A) is aligned with rigorous state student academic 15 achievement standards, (B) is conducted among paraeducators at the 16 Raised Bill No. 5321 LCO No. 2594 2 of 10 school and facilitated by principals, coaches, mentors, distinguished 17 educators, as described in section 10-145s of the general statutes, or 18 other appropriate teachers, (C) occurs frequently on an individual basis 19 or among groups of paraeducators in a job-embedded process of 20 continuous improvement, and (D) includes a repository of best practices 21 for instruction methods developed by paraeducators within each school 22 that is continuously available to such paraeducators for comment and 23 updating, and (5) include training in culturally responsive pedagogy 24 and practice. Each program of professional development shall include 25 professional development activities in accordance with the provisions 26 of subsection (b) of this section. The principles and practices of social-27 emotional learning and restorative practices shall be integrated 28 throughout the components of such program of professional 29 development described in subdivisions (1) to (5), inclusive, of this 30 subsection. 31 (b) Local and regional boards of education shall offer professional 32 development activities to paraeducators as part of the plan developed 33 pursuant to subsection (b) of section 10-220a of the general statutes, as 34 amended by this act, or for any individual paraeducator. Such 35 professional development activities may be made available by a board 36 of education directly, through a regional educational service center or 37 cooperative arrangement with another board of education or through 38 arrangements with any professional development provider approved 39 by the Commissioner of Education and shall be consistent with any 40 goals identified by the paraeducators and the local or regional board of 41 education. 42 Sec. 2. Subsection (b) of section 10-220a of the 2022 supplement to the 43 general statutes is repealed and the following is substituted in lieu 44 thereof (Effective July 1, 2022): 45 (b) Not later than a date prescribed by the commissioner, each local 46 and regional board of education shall establish a professional 47 development and evaluat ion committee. Such professional 48 development and evaluation committee shall consist of (1) at least one 49 Raised Bill No. 5321 LCO No. 2594 3 of 10 teacher, as defined in subsection (a) of section 10-144d, selected by the 50 exclusive bargaining representative for certified employees chosen 51 pursuant to section 10-153b, (2) at least one administrator, as defined in 52 subsection (a) of section 10-144e, selected by the exclusive bargaining 53 representative for certified employees chosen pursuant to section 10-54 153b, and (3) such other school personnel as the board deems 55 appropriate. The duties of such committees shall include, but not be 56 limited to, participation in the development or adoption of a teacher 57 evaluation and support program for the district, pursuant to section 10-58 151b, and the development, evaluation and annual updating of a 59 comprehensive local professional development plan for certified 60 employees of the district. Such plan shall: (A) Be directly related to the 61 educational goals prepared by the local or regional board of education 62 pursuant to subsection (b) of section 10-220, (B) on and after July 1, 2021, 63 be developed with full consideration of the priorities and needs related 64 to student social-emotional learning and restorative practices, in 65 accordance with the provisions of section 10-148a, and student academic 66 outcomes as determined by the State Board of Education, (C) provide 67 for the ongoing and systematic assessment and improvement of both 68 teacher evaluation and professional development of the professional 69 staff members of each such board, including personnel management 70 and evaluation training or experience for administrators, and (D) be 71 related to regular and special student needs and may include provisions 72 concerning career incentives and parent involvement. The State Board 73 of Education shall develop guidelines to assist local and regional boards 74 of education in determining the objectives of the plans and in 75 coordinating staff development activities with student needs and school 76 programs. For the school year commencing July 1, 2023, and each school 77 year thereafter, such committees shall develop, evaluate and annually 78 update a comprehensive local professional development plan for 79 paraeducators of the district in accordance with the provisions of this 80 subsection. 81 Sec. 3. Section 10-148b of the 2022 supplement to the general statutes 82 is repealed and the following is substituted in lieu thereof (Effective July 83 Raised Bill No. 5321 LCO No. 2594 4 of 10 1, 2022): 84 On or before July 1, 2013, the Commissioner of Education shall create 85 a program of professional development for teachers, as defined in 86 section 10-144d, paraeducators and principals in scientifically-based 87 reading research and instruction, as defined in section 10-14u. Such 88 program of professional development shall (1) count towards the 89 professional development requirements pursuant to section 10-148a and 90 section 1 of this act, (2) be based on data collected from student reading 91 assessments, (3) provide differentiated and intensified training in 92 reading instruction for teachers and paraeducators, (4) outline how 93 mentor teachers will train teachers in reading instruction, (5) outline 94 how model classrooms will be established in schools for reading 95 instruction, (6) inform principals on how to evaluate classrooms and 96 teacher and paraeducator performance in scientifically-based reading 97 research and instruction, and (7) be job-embedded and local whenever 98 possible. In the case of any certified individual or paraeducator who is 99 required to complete the reading instruction survey, pursuant to section 100 10-145r, as amended by this act, the program of professional 101 development for such individual or paraeducator shall be designed 102 using the results of such survey, in accordance with said section 10-145r, 103 as amended by this act. Not later than July 1, 2023, the commissioner 104 shall update such program of professional development to include 105 paraeducators. 106 Sec. 4. Section 10-145r of the general statutes is repealed and the 107 following is substituted in lieu thereof (Effective July 1, 2022): 108 For the school year commencing July 1, 2014, and biennially 109 thereafter, the local or regional board of education that employs a 110 certified individual who holds an initial, provisional or professional 111 educator certificate with an early childhood nursery through grade 112 three or an elementary endorsement in a position requiring such an 113 endorsement in kindergarten to grade three, inclusive, shall require 114 each such certified individual to take a survey on reading instruction, 115 developed by the Department of Education that is based on the reading 116 Raised Bill No. 5321 LCO No. 2594 5 of 10 instruction examination approved by the State Board of Education on 117 April 1, 2009, or a comparable reading instruction examination with 118 minimum standards that are equivalent to the examination approved by 119 the State Board of Education on April 1, 2009. The department shall 120 design such survey in a manner that identifies the strengths and 121 weaknesses of such certified individuals in reading instruction practices 122 and knowledge on an individual, school and district level. Such survey 123 shall be administered at no financial cost to such certified individual. 124 The results of such survey shall be confidential and shall not be included 125 as part of any summative ratings for performance evaluations, 126 conducted pursuant to section 10-151b, and not be subject to disclosure 127 under the Freedom of Information Act, as defined in section 1-200, 128 except such results shall be (1) distributed to such certified individual 129 and the supervisor of such certified individual who is responsible for 130 designing and facilitating the program of professional development 131 conducted pursuant to section 10-148b, as amended by this act, for such 132 certified individual, and (2) used for the purpose of improving reading 133 instruction by developing student learning objectives and teacher 134 practice goals that will be included in the professional development 135 conducted pursuant to section 10-148b, as amended by this act, for such 136 certified individuals. For the school year commencing July 1, 2023, and 137 biennially thereafter, each local and regional board of education shall 138 require any paraeducator whose responsibilities include the provision 139 of reading instruction to students to take the survey on reading 140 instruction in accordance with the provisions of this section. 141 Sec. 5. (Effective July 1, 2022) The Commissioner of Education shall 142 convene a working group to develop recommendations for the creation 143 of a system of professional certification for paraeducators. Such working 144 group shall include, but need not be limited to, the School Paraeducator 145 Advisory Council, established pursuant to section 10-155k of the general 146 statutes, representatives from each state-wide bargaining representative 147 organization that represents school paraprofessionals with instructional 148 responsibilities, and representatives designated by organizations or 149 associations representing local and regional boards of education, 150 Raised Bill No. 5321 LCO No. 2594 6 of 10 regional educational service centers, superintendents and the interests 151 of students and paraeducators in the provision of special education 152 services. Not later than January 1, 2024, the commissioner shall submit 153 a report of its recommendations to the joint standing committee of the 154 General Assembly having cognizance of matters relating to education, 155 in accordance with the provisions of section 11-4a of the general statutes. 156 Sec. 6. Subdivision (10) of subsection (a) of section 10-76d of the 2022 157 supplement to the general statutes is repealed and the following is 158 substituted in lieu thereof (Effective July 1, 2022): 159 (10) (A) Each local and regional board of education responsible for 160 providing special education and related services to a child or pupil shall 161 notify the parent or guardian of a child who requires or who may 162 require special education, a pupil if such pupil is an emancipated minor 163 or eighteen years of age or older who requires or who may require 164 special education or a surrogate parent appointed pursuant to section 165 10-94g, in writing, at least five school days before such board proposes 166 to, or refuses to, initiate or change the child's or pupil's identification, 167 evaluation or educational placement or the provision of a free 168 appropriate public education to the child or pupil. 169 (B) Upon request by a parent, guardian, pupil or surrogate parent, 170 the responsible local or regional board of education shall provide such 171 parent, guardian, pupil or surrogate parent an opportunity to meet with 172 a member of the planning and placement team designated by such 173 board prior to the referral planning and placement team meeting at 174 which the assessments and evaluations of the child or pupil who 175 requires or may require special education is presented to such parent, 176 guardian, pupil or surrogate parent for the first time. Such meeting shall 177 be for the sole purpose of discussing the planning and placement team 178 process and any concerns such parent, guardian, pupil or surrogate 179 parent has regarding the child or pupil who requires or may require 180 special education. 181 (C) Such parent, guardian, pupil or surrogate parent shall (i) be given 182 Raised Bill No. 5321 LCO No. 2594 7 of 10 at least five school days' prior notice of any planning and placement 183 team meeting conducted for such child or pupil, (ii) have the right to be 184 present at and participate in all portions of such meeting at which an 185 educational program for such child or pupil is developed, reviewed or 186 revised, (iii) have the right to have (I) advisors of such person's own 187 choosing and at such person's own expense, (II) the school 188 paraprofessional assigned to such child or pupil, if any, and (III) such 189 child or pupil's birth-to-three service coordinator, if any, attend and 190 participate in all portions of such meeting at which an educational 191 program for such child or pupil is developed, reviewed or revised, and 192 (iv) have the right to have each recommendation made in such child or 193 pupil's birth-to-three individualized transition plan, as required by 194 section 17a-248e, if any, addressed by the planning and placement team 195 during such meeting at which an educational program for such child or 196 pupil is developed. 197 (D) Immediately upon the formal identification of any child as a child 198 requiring special education and at each planning and placement team 199 meeting for such child, the responsible local or regional board of 200 education shall inform the parent or guardian of such child or surrogate 201 parent or, in the case of a pupil who is an emancipated minor or eighteen 202 years of age or older, the pupil of (i) the laws relating to special 203 education, (ii) the rights of such parent, guardian, surrogate parent or 204 pupil under such laws and the regulations adopted by the State Board 205 of Education relating to special education, including the right of a 206 parent, guardian or surrogate parent to (I) withhold from enrolling such 207 child in kindergarten, in accordance with the provisions of section 10-208 184, and (II) have advisors and the school paraprofessional assigned to 209 such child or pupil attend and participate in all portions of such meeting 210 at which an educational program for such child or pupil is developed, 211 reviewed or revised, in accordance with the provisions of subparagraph 212 (C) of this subdivision, and (iii) any relevant information and resources 213 relating to individualized education programs created by the 214 Department of Education, including, but not limited to, information 215 relating to transition resources and services for high school students. If 216 Raised Bill No. 5321 LCO No. 2594 8 of 10 such parent, guardian, surrogate parent or pupil does not attend a 217 planning and placement team meeting, the responsible local or regional 218 board of education shall mail such information to such person. 219 (E) Each local and regional board of education shall have in effect at 220 the beginning of each school year an educational program for each child 221 or pupil who has been identified as eligible for special education. 222 (F) At each initial planning and placement team meeting for a child 223 or pupil, the responsible local or regional board of education shall 224 inform the parent, guardian, surrogate parent or pupil of (i) the laws 225 relating to physical restraint and seclusion pursuant to section 10-236b 226 and the rights of such parent, guardian, surrogate parent or pupil under 227 such laws and the regulations adopted by the State Board of Education 228 relating to physical restraint and seclusion, and (ii) the right of such 229 parent, guardian, surrogate parent or pupil, during such meeting at 230 which an educational program for such child or pupil is developed, to 231 have (I) such child or pupil's birth-to-three service coordinator attend 232 and participate in all portions of such meeting, and (II) each 233 recommendation made in the transition plan, as required by section 17a-234 248e, by such child or pupil's birth-to-three service coordinator 235 addressed by the planning and placement team. 236 (G) Upon request by a parent, guardian, pupil or surrogate parent, 237 the responsible local or regional board of education shall provide the 238 results of the assessments and evaluations used in the determination of 239 eligibility for special education for a child or pupil to such parent, 240 guardian, surrogate parent or pupil at least three school days before the 241 referral planning and placement team meeting at which such results of 242 the assessments and evaluations will be discussed for the first time. 243 (H) Each local or regional board of education shall monitor the 244 development of each child who, pursuant to subsection (a) of section 245 17a-248e, has been (i) referred for a registration on a mobile application 246 designated by the Commissioner of Early Childhood, in partnership 247 with such child's parent, guardian or surrogate parent, or (ii) provided 248 Raised Bill No. 5321 LCO No. 2594 9 of 10 a form for such child's parent, guardian or surrogate parent to complete 249 and submit to such local or regional board of education that screens for 250 developmental and social-emotional delays using a validated screening 251 tool, such as the Ages and Stages Questionnaire and the Ages and Stages 252 Social-Emotional Questionnaire, or its equivalent. If such monitoring 253 results in suspecting a child of having a developmental delay, the board 254 shall schedule a planning and placement team meeting with such child's 255 parent, guardian or surrogate parent for the purposes of identifying 256 services for which such child may be eligible, including, but not limited 257 to, a preschool program under Part B of the Individuals with Disabilities 258 Act, 20 USC 1471 et seq. If a parent, guardian or surrogate parent of any 259 child referred for a registration on the mobile application or provided a 260 form to complete and submit, pursuant to subsection (a) of section 17a-261 248e, fails to complete such registration or complete and submit such 262 form after a period of six months from the date of such referral or 263 provision of such form, the board shall send a reminder, in the form and 264 manner determined by the board, to such parent, guardian or surrogate 265 parent to complete such registration or complete and submit such form. 266 The board shall send another reminder after a period of one year from 267 such referral or provision of such form if such registration remains 268 incomplete or such form is not submitted. 269 (I) Prior to each planning and placement team meeting for a child or 270 pupil in which an educational program for such child or pupil is 271 developed, reviewed or revised, the responsible local or regional board 272 of education shall provide (i) adequate notice of such meeting to the 273 school paraprofessional assigned to such child or pupil so that such 274 school paraprofessional may adequately prepare for such meeting, and 275 (ii) training, upon request of such school paraprofessional, on the role of 276 such school paraprofessional at such meeting. Following such meeting, 277 a copy of such educational program shall be made available to any 278 school paraprofessional who is assigned to such child or pupil or who 279 will be providing special education or related services under such 280 educational program to such child or pupil. 281 Raised Bill No. 5321 LCO No. 2594 10 of 10 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2022 New section Sec. 2 July 1, 2022 10-220a(b) Sec. 3 July 1, 2022 10-148b Sec. 4 July 1, 2022 10-145r Sec. 5 July 1, 2022 New section Sec. 6 July 1, 2022 10-76d(a)(10) Statement of Purpose: To establish a system of professional development for paraeducators, to convene a working group to develop recommendations for the creation of a system of professional certification for paraeducators and to require adequate notice and training about planning and placement team meetings and access to individualized education programs for paraeducators in the provision of special education services. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]